Mullins v. State

Quillian, Justice.

The only general ground of the motion for new trial insisted on is that the verdict was without evidence to support it.

It is the position of the defendant that the evidence demanded a verdict of acquittal, because the deceased was attempting to arrest him unlawfully and hence he had a right to defend himself against such arrest. The point is not well taken. The evidence showed without conflict that the deceased, an officer of the law, was performing his duty in arresting the defendant, a fugitive felon who was in the very act of escaping, and that his arrest was necessary in…